Bill Text: IL SB1976 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Creates the Workers' Rights and Worker Safety Act. Provides that, except as authorized by State law enacted after April 28, 2025, a State agency may not amend or revise the State agency's rules in a manner that is less stringent in its protection of workers' rights or worker safety than requirements established under federal wage and hour law or federal coal mine safety law as the federal law existed on April 28, 2025. Creates the Illinois Safe and Healthy Workplace Act. Provides that the Department of Labor shall adopt rules to incorporate federal occupational health or safety standards that are repealed or revoked to address occupational safety or health issues. Sets forth rights of action and penalties. Amends the Occupational Safety and Health Act. Provides that the Director Labor may adopt a standard that incorporates a federal occupational health or safety standard as it existed prior to being repealed, revoked, amended, or newly interpreted and addresses the occupational safety or health issue that the repealed, revoked, amended, or newly interpreted federal Occupational Safety and Health Act standard had addressed.

Sponsorship: Partisan Bill (Democrat 17)

Status: (Passed) 2025-08-14 - Public Act . . . . . . . . . 104-0161 [SB1976 Detail]

Download: Illinois-2025-SB1976-Enrolled.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 5. Workers' Rights and Worker Safety Act
Section 5-1. Short title.
(a) This Article may be cited as the Workers' Rights and
Worker Safety Act.
(b) As used in this Article, "this Act" refers to this
Article.
Section 5-5. Definitions. As used in this Act:
"Employee" has the meaning set forth in Section 2 of the
Illinois Wage Payment and Collection Act.
"Employer" means any individual, partnership, association,
corporation, limited liability company, business trust,
governmental, or quasi-governmental body that employs one or
more employees. "Employer" does not include the federal
government.
"Federal coal mine safety law" means the Federal Coal Mine
Health and Safety Act, 30 U.S.C. 801 et seq., and federal
regulations adopted under that statute, Subchapter O of
Chapter I of Title 30 of the Code of Federal Regulations, as
these federal statutes and regulations exist on April 28,

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2025.
"Federal wage and hour law" means the federal Fair Labor
Standards Act, 29 U.S.C. 201 et seq., and federal regulations
adopted under that statute, Subtitle B of Chapter V of Title 29
of the Code of Federal Regulations, as these federal statutes
and regulations exist on April 28, 2025.
"State agency" means the Department of Labor or the
Department of Natural Resources.
"Stringent" means a law, rule, or standard's overall
effectiveness in protecting the rights and safety of workers.
A law, rule, or standard is considered to be more stringent if
it imposes a safety requirement or obligation on employers
that is stricter or more demanding than what is otherwise
imposed by law or if it provides for greater rights, benefits,
remedies, or procedures for employees than what is otherwise
provided by law.
Section 5-10. Operative provisions for wage and hour laws
and coal mine safety laws.
(a) Except as authorized by State law enacted after April
28, 2025, a State agency may not amend or revise the State
agency's rules in a manner that is less stringent in its
protection of workers' rights or worker safety than the
requirements established under federal wage and hour law or
federal coal mine safety law, as the laws exist on April 28,
2025.

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(b) Nothing in this Act shall limit the authority of a
State agency to establish workers' rights and worker safety
requirements for this State that are more stringent than those
provided under federal wage and hour law or federal coal mine
safety law, as the laws exist on April 28, 2025.
(c) If a federal wage and hour law or federal coal mine
safety law is repealed, revoked, or amended in any manner that
results in the federal protections of workers' rights or
worker safety becoming less stringent, or if the applicable
federal agency issues a new interpretation of the federal wage
and hour law or federal coal mine safety law through an opinion
letter, ruling letter, administrative interpretation, program
policy manual, or program policy letter that results in the
federal protections of workers' rights or worker safety
becoming less stringent, and a State agency does not already
have corresponding rules in place that are at least as
stringent as the federal wage and hour law or federal coal mine
safety law being repealed, revoked, amended, or newly
interpreted, the applicable State agency or agencies shall, as
soon as practical, adopt a rule that incorporates the federal
wage and hour law or federal coal mine safety law being
repealed, revoked, amended, or newly interpreted as a minimum
requirement for this State. The State agency may also take
additional action to maintain the protection of workers'
rights or worker safety, including, but not limited to,
recommending legislation and developing policy. Any

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requirement adopted by operation of this Section may be
enforced through the existing enforcement procedures
established under State law for violations of the Minimum Wage
Law or the Coal Mining Act, as applicable, including
applicable penalties and remedies.
Section 5-15. Implementation and reporting. Each State
agency shall undertake all feasible efforts using the State
agency's authority under State and federal law to implement
and enforce this Act. Each State agency that takes actions to
enforce this Act shall submit a report to the General Assembly
at least once each year describing the State agency's
compliance with this Act. The report to the General Assembly
shall be filed with the Clerk of the House of Representatives
and the Secretary of the Senate in electronic form only, in the
manner that the Clerk and the Secretary shall direct.
Section 5-20. Rulemaking authority. In order to comply
with the requirements of this Act, the agency head of each
applicable State agency, or the agency head's authorized
representative, may adopt all necessary rules, in accordance
with the requirements of the Illinois Administrative Procedure
Act, to protect the rights and safety of workers.
Section 5-25. Severability. The provisions of this Act are
severable. If any provision of this Act or its application is

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held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without
the invalid provision or application.
Article 10. Safe and Healthy Workplace Act
Section 10-1. Short title.
(a) This Article may be cited as the Illinois Safe and
Healthy Workplace Act.
(b) As used in this Article, "this Act" refers to this
Article.
Section 10-5. Scope.
(a) The grant of authority and obligations in this Act
apply and extend only to occupational safety or health issues
with respect to which no standard is in effect under section 6
of the federal Occupational Safety and Health Act, 29 U.S.C.
651 et seq. The grant of authority and obligations in this Act
do not apply to occupational safety or health issues with
respect to which a standard is in effect under section 6 of the
federal Occupational Safety and Health Act, 29 U.S.C. 651 et
seq.
(b) This Act does not apply to the development or
enforcement of occupational health and safety standards in the
public sector set forth in the Illinois Occupational Safety
and Health Act.

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Section 10-10. Operative provisions for the development of
occupational health and safety rules in the private sector
where no federal standard exists. If, after the effective date
of this Act, a federal occupational health or safety standard,
as defined under 29 U.S.C. 651 et seq., is repealed or revoked
and no federal standard exists regulating that occupational
safety or health issue for any employer that is not subject to
the Occupational Safety and Health Act, the Illinois
Department of Labor shall, as soon as practical, adopt rules
as the Director of the Illinois Department of Labor deems
necessary to incorporate the federal occupational health or
safety standard that was repealed or revoked to address that
occupational safety or health issue. No rules adopted by the
Illinois Department of Labor shall be construed to apply to
the federal government as an employer.
Section 10-15. Rulemaking authority.
(a) In order to accomplish the objectives of this Act and
to carry out the duties prescribed by this Act, the Director of
Labor may adopt rules, in accordance with the Illinois
Administrative Procedure Act, necessary to implement the
provisions of this Act. In developing rules, the Department of
Labor shall consider the federal occupational health or safety
standard being repealed or revoked as a minimum standard for
private employers in this State.

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(b) Any standard adopted by operation of this Section may
be enforced through Section 10-20 of this Act.
Section 10-20. Right of action.
(a) As used in this Section, "interested party" means an
organization that monitors or is attentive to compliance with
public or worker safety laws.
(b) An aggrieved employee, an interested party, or the
Department of Labor may bring a civil action against a private
employer to enforce any rule adopted by the Department of
Labor in accordance with this Act.
(c) An action brought under this Section must be brought
no later than 3 years after the date of the alleged violation
and, if brought by an aggrieved employee, may be brought by one
or more employees on behalf of themselves and other employees
similarly situated.
(d) In any action brought under this Section the
Department of Labor shall be represented by the Office of the
Attorney General.
Section 10-25. Relief and penalties.
(a) An aggrieved employee, interested party, or the
Department of Labor prevailing in a civil action under Section
10-20 or any rules or standards adopted under this Act shall be
entitled to all appropriate relief, including declaratory and
injunctive relief and any other appropriate relief as deemed

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necessary by the court to make the employee or employees
whole. The court shall award a prevailing employee or
interested party reasonable attorney's fees and costs.
(b) With respect to any occupational health and safety
rules and standards in the private sector where no federal
standard exists and for which no other civil penalties already
exist, the court may impose civil penalties as follows:
(1) an employer found to be in violation of the rule or
standard may be assessed a civil penalty of not more than
$1,000 per violation;
(2) an employer that repeatedly violates the rule or
standard may be assessed a civil penalty of not more than
$10,000 per violation; and
(3) an employer that willfully violates the rule or
standard, or who demonstrates plain indifference to any
provision of the rule or standard, may be assessed a civil
penalty of not more than $70,000 per violation.
Section 10-30. Severability. The provisions of this Act
are severable. If any provision of this Act or its application
is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without
the invalid provision or application.
Article 15. Amendatory Provisions

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Section 15-5. The Occupational Safety and Health Act is
amended by changing Section 25 as follows:
(820 ILCS 219/25)
Sec. 25. Occupational safety and health standards.
(a) All federal occupational safety and health standards
which the United States Secretary of Labor has promulgated or
modified in accordance with the federal Occupational Safety
and Health Act of 1970 and which are in effect on the effective
date of this Act shall be and are hereby made rules of the
Department unless the Director promulgates an alternate
standard that is at least as effective in providing safe and
healthful employment and places of employment as a federal
standard. Before developing and adopting an alternate standard
or modifying or revoking an existing standard, the Director
must consider factual information that includes:
(1) Expert technical knowledge.
(2) Input from interested persons, including
employers, employees, recognized standards-producing
organizations, and the public.
(b) All federal occupational safety and health standards
which the United States Secretary of Labor promulgates or
modifies in accordance with the federal Occupational Safety
and Health Act of 1970 on or after the effective date of this
Act, unless revoked by the Secretary of Labor, shall become
rules of the Department within 6 months after their federal

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promulgation date, unless there has been in effect in this
State at the time of the promulgation or modification of the
federal standard an alternate State standard that is at least
as effective in providing safe and healthful employment and
places of employment as a federal standard. The alternate
State standard, if not currently contained in the Department's
rules, shall not become effective, however, unless the
Department, within 45 days after the federal promulgation
date, files with the office of the Secretary of State in
Springfield, Illinois, a certified copy of the rule as
provided in the Illinois Administrative Procedure Act.
(c) If, after April 28, 2025, the United States Secretary
of Labor revokes or repeals a previously promulgated federal
Occupational Safety and Health Act standard or if the United
States Secretary of Labor amends a previously promulgated
federal Occupational Safety and Health Act standard or issues
a standard interpretation for a previously promulgated federal
Occupational Safety and Health Act standard that results in
the federal standard becoming less effective in providing safe
and healthful employment and places of employment, the
Illinois Department of Labor shall, as soon as practical and
in accordance with the process set forth in this Section,
adopt a standard that incorporates the federal occupational
health or safety standard as it existed prior to being
repealed, revoked, amended, or newly interpreted and addresses
the occupational safety or health issue that the repealed,

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revoked, amended, or newly interpreted federal Occupational
Safety and Health Act standard had addressed.
(Source: P.A. 102-705, eff. 1-1-23.)
Article 99. Effective Date
Section 99-99. Effective date. This Act takes effect upon
becoming law.